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Hi
I am hoping someone can help me with an issue I am having with the Home Office. My wife and I moved to the UK in 1997. wife is Dutch citizen, I am South African. In August 2000 my daughter was born. all the web sites I have visited (including the Home Office) all state that a child born in the UK before October 2000, to EU parent/s only need to have been exercising treaty rights at the time of the childs birth for the child to be British. We recently applied for my daughters first UK passport only to be told by the home office that we needed to be settled at the time of her birth. I am confused and not sure how to proceed. Any helpwould be appreciated.

For a child born in the UK to foreign parents, the child is entitled to register as British on form MN1 (£936) once either parent becomes settled (PR if on EU) route. PR is automatically attained after 5 years of exercising treaty rights as a qualified person. The child would not be 'automatically British'.

PR is automatically attained after 5 years of exercising treaty rights as a qualified person. The child would not be 'automatically British'.

I think the rules were different before 2/10/2000.


Before that date in 2000, you only needed to be exercising treaty rights to be deemed as settled so as long as the EEA parent of the child did this at the time of the child's birth, the child should be British by birth. Did you provide evidence that the relevant parent was exercising treaty rights at the time of the child's birth?

See 3.2 of this document: https://www.gov.uk/government/uploads/s ... Policy.pdf

I think you may have the case of a caseworker who is not familiar with the pre-October 2000 rules (or accidentally did not apply them). Suggest you send evidence of having exercised treaty rights at the time of the child's birth (if you have not already done so) and write back with a clear explanation referring to the above caseworker guidelines

LilyLalilu wrote:

PR is automatically attained after 5 years of exercising treaty rights as a qualified person. The child would not be 'automatically British'.

I think the rules were different before 2/10/2000.


Before that date in 2000, you only needed to be exercising treaty rights to be deemed as settled so as long as the EEA parent of the child did this at the time of the child's birth, the child should be British by birth. Did you provide evidence that the relevant parent was exercising treaty rights at the time of the child's birth?

See 3.2 of this document: https://www.gov.uk/government/uploads/s ... Policy.pdf

I think you may have the case of a caseworker who is not familiar with the pre-October 2000 rules (or accidentally did not apply them). Suggest you send evidence of having exercised treaty rights at the time of the child's birth (if you have not already done so) and write back with a clear explanation referring to the above caseworker guidelines

Ahhh, I see. Thank you for the correction and link.

Shevcraig wrote:Hi
I am hoping someone can help me with an issue I am having with the Home Office. My wife and I moved to the UK in 1997. wife is Dutch citizen, I am South African. In August 2000 my daughter was born. all the web sites I have visited (including the Home Office) all state that a child born in the UK before October 2000, to EU parent/s only need to have been exercising treaty rights at the time of the childs birth for the child to be British. We recently applied for my daughters first UK passport only to be told by the home office that we needed to be settled at the time of her birth. I am confused and not sure how to proceed. Any helpwould be appreciated.

Is this what you are referring to?

A child born in UK before 2/10/2000 to an EEA national parent will be a BC if the parent was exercising EC treaty rights at the time of birth

Ref MN1 guidance: https://www.gov.uk/government/uploads/s ... r_2015.pdf

If that is an accurate representation of the law then it appears a parent's P60 (or similar) could/should nail it.

Be aware 'guidance' is not the law and there are other known inaccuracies in that MN1 guide.
Well worth digging into though.

This guidance may help corroborate:
https://www.gov.uk/government/publicati ... plications

Ref 'Table B':

If the applicant was born before 1 October 2000, please provide evidence that their parents were exercising Treaty Rights at the time of the applicant’s birth (5 years evidence is not required in these cases).

Note the potential anomaly referring to "their parents" implying both.
(Did I mention 'guidance' is not necessarily 'the law').

Good luck.

Hi
Thank you so much for your replys. I to feel it is a case of the case worker not applying the correct rules. I have contacted a law firm who confirmed that my information is correct. I wrote to the case worker pointing out the guidelines set out by the Home Office dealing with the specific Time/date of my daughters birth but they do still not accept it. My wife and I were both exercising treaty rights at that time as we were issued our ILR in March 2004. They are insisting that we needed to have been settled at the time.
How do I proceed as I am sure I am correct, but am loosing the battle.
All help appreciated.

Shevcraig wrote:Hi
Thank you so much for your replys. I to feel it is a case of the case worker not applying the correct rules. I have contacted a law firm who confirmed that my information is correct. I wrote to the case worker pointing out the guidelines set out by the Home Office dealing with the specific Time/date of my daughters birth but they do still not accept it. My wife and I were both exercising treaty rights at that time as we were issued our ILR in March 2004. They are insisting that we needed to have been settled at the time.
How do I proceed as I am sure I am correct, but am loosing the battle.
All help appreciated.

Who are you dealing with HO or HMPO?

Do you have an active case or recent refusal?
Does it detail appeal or reconsideration steps?

Does it mention any escalation process to 'the ombudsman' or whoever?

Have you got your MP on-side and pressing your case?

Have you got rock-solid evidence of treaty rights being exercised as per the HMPO document (linked above)?

Hi
dealing with HMPO. After our application we got a letter saying they needed evidence of parent/s being settled. I wrote back pointing out the date of my daughters birthday and that we only needed to be exercising treaty rights. I also sent in the original correspondence from Home office in 2004 asking for evidence of exercising treaty rights in order for us to be granted ILR. ILR was granted and stamps are in passports. Second letter arrived Quoting the British Nationality Act of 1981. Section 1 of this Act says that a child born on or after 1 January 1983 will be British if when they were born, either parent was settled in the United Kingdom. This is after I pointed out the Section on being born before 2 October 2000, which he/she seems to have ignored.

Can't believe it's taken you 16 years to apply for your daughters passport.

Shevcraig wrote:Hi
dealing with HMPO. After our application we got a letter saying they needed evidence of parent/s being settled. I wrote back pointing out the date of my daughters birthday and that we only needed to be exercising treaty rights. I also sent in the original correspondence from Home office in 2004 asking for evidence of exercising treaty rights in order for us to be granted ILR. ILR was granted and stamps are in passports. Second letter arrived Quoting the British Nationality Act of 1981. Section 1 of this Act says that a child born on or after 1 January 1983 will be British if when they were born, either parent was settled in the United Kingdom. This is after I pointed out the Section on being born before 2 October 2000, which he/she seems to have ignored.

Sounds like you need an appropriate professional to press your law suit then. The pre-2/10/2000 clause is clearly the key.

Have you collated all evidence as per the relevant table in HMPO's own document yet?

Suggest make scans/copies for your reference as you will have to submit the originals in due course.